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2016 Supreme(Bom) 72

VASANTI A.NAIK, A.S.CHANDURKAR
Hirabai w/o Shrikrishna Chiddarwar – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Shri B.B. Mehadia, counsel for the petitioners.
Shri N.S. Khubalkar, Assistant Government Pleader for the respondent no.1.
Shri Pravin P. Deshmukh, counsel for the respondent no.2.

JUDGMENT

VASANTI A NAIK, J.

1. RULE. Rule is made returnable forthwith. The petition is heard finally at the stage of admission with the consent of the learned counsel for the parties.

2. By this petition, the petitioners seek a declaration that the reservation of the agricultural field of the petitioners bearing No.115/1 (Old) and New Gat No.87/1 of Mouza Digras for D.P. Road and Social Welfare Department has lapsed in view of the provisions of Section 127 of the Maharashtra Regional and Town Planning Act, 1966 and the petitioners are entitled to use the land for the purpose of development, permissible in the case of adjacent land under the development plan.

3. The aforesaid land of the petitioners was reserved for the D.P. Road and Social Development Department by the final Development plan published on 01.08.1987. Since the land of the petitioners was not acquired for the purpose for which it was reserved for a period of more than ten years from the publication of the final Development plan, the petitioners served a purchase notice on the respondents, on 20.06.2001. No effective steps were taken by the respondents for the acquisition of the land, as required by the provisions of S











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